According to sworn testimony, jail footage from June 9 shows 28-year-old Victor Jackson charging inmate Michael Budimir and choking him on the floor while Duane acts as a barrier between his brother and the other inmates.

Duane's attorney argued the incident "was not premeditated" and said his client was merely "defending his brother."

Judge Denise Nau agreed that the state's burden of proving premeditation was not met and dismissed the case.

Duane, who was convicted of first-degree sexual assault of a minor in April, is in jail awaiting sentencing.

Victor, who's facing an attempted first-degree murder charge, waived his right to a speedy preliminary hearing and is scheduled to be in court on July 12. He's in jail awaiting trial on four counts of first-degree sexual assault, strangulation and domestic battery.